If you were hurt in a construction
site accident, you need an experienced NYC construction accident
lawyer to protect your right to fair
compensation. Workers hurt on construction sites have looked to Rosenbaum & Rosenbaum,
P.C. for over 40 years. We fight
hard to get justice for injured workers. Contact us at (212) 969-8296 for
a free consultation.
Our work accident lawyers know how
that construction accident injuries are often severe. Your life can quickly
change in ways you never imagined—while medical bills start to pile up and you
struggle to recover. In many cases, workers’ compensation isn’t enough to get
by.
Our New York City law firm is here
to help. You can call us anytime to learn more about your options for getting
fair compensation. Our accident lawyers will review your case for free, so
don’t hesitate to get in touch with us to learn more.
Table
of Contents
experience counts when
choosing your new York construction accident attorney
Getting financial compensation can
be key to protecting yourself and getting the medical attention you need.
Unfortunately, laws designed to protect workers are complex and you could be
facing an uphill battle. At Rosenbaum & Rosenbaum, P.C., our NYC personal
injury lawyers can help.
When workers are hurt on
construction sites, they might think that workers’ compensation is their only
option. While workers’ comp is valuable, you may be entitled to hold someone
else responsible for your injuries via a third-party claim. Our lawyers focus
on finding the cause of your construction accident so that the responsible
party is held accountable.
NYC construction
accident statistics
Construction is NYC’s most dangerous
occupation. In 2018, 30% of all NYC work
fatalities were in the private
construction industry. That number—22—represents a slight increase from 2017,
where 20 construction-related deaths were reported. Hundreds of additional
workers suffer serious injuries in construction accidents every year.
On a nationwide scale,
transportation-related incidents caused the greatest number of work fatalities.
In NYC, most work-related construction deaths were caused by:
·
Contact
with machinery or objects
·
Slips,
trips and falls
In NYC, working from heights is
common on construction sites—so it isn’t surprising that falls account for a
higher proportion of serious injuries. The city and labor authorities have
passed laws designed to protect workers from these and other dangers.
Unfortunately, the people in charge often cut corners to make a bigger
profit.
At Rosenbaum & Rosenbaum, P.C.,
we fight to keep you from becoming a statistic. Our lawyers personally handle
your case with one goal in mind: getting the full amount of compensation you
deserve. Call our office today to get to know our legal team and how we can
help.
types of construction
accidents
Our experienced accident lawyers at Rosenbaum &
Rosenbaum, P.C. handle all types of construction accident cases, including
those involving:
·
Scaffolding
falls
·
Roof
and ladder falls
·
Falling
objects and debris
·
Equipment
malfunction
·
Dangerous
tools and machinery
·
Nail
gun accidents
·
Crane
accidents
·
Forklift
accidents
·
Accidents
involving excavation work
·
Brazing
and welding accidents
·
Electrocution
and electric shock
·
Fires
and explosions
·
Exposure
to toxic chemicals
You might think that these types of dangers are common to
all construction zones. While that’s often true, it does not minimize your
right to be fairly compensated for your injuries.
WHAT ARE COMMON CAUSES
OF NYC CONSTRUCTION ACCIDENTS?
It’s unfortunate that construction accidents can often be traced
back to the same causes. The root cause of many accidents and injuries is
simple negligence. That means someone neglected their duties and you were hurt
as a result.
Frequent causes of NYC construction accidents include:
·
Lack
of proper protective equipment
·
Failure
to properly secure or install scaffolding
·
Improperly
maintained equipment, machinery and tools
·
Lack
of appropriate training for handling heavy machinery and complex equipment
·
Defects
in equipment and machinery on work sites
·
Lack
proper supervision
·
Failure
to communicate
NYC has enacted laws specifically designed to impose
liability on the parties who control safety on construction sites. Proving the
cause of the accident can impact the types of compensation available in your
case.
Our accident attorneys at Rosenbaum & Rosenbaum, P.C.
know the details of these laws and will work to find out what happened in your
case.
SECTION 240: NYC
SCAFFOLDING LAW
For example, Section
240 of the New York Labor Law
provides rules for using scaffolding on a construction site. The law provides:
·
Scaffolding
installed more than 20 feet off the ground must have a safety rail made of
suitable material that is at least 34 inches high
·
The
safety railing must cover all sides and ends of the scaffolding, with only
sufficient openings to allow delivery of necessary materials
·
The
scaffolding must be constructed to bear four times the maximum weight required
·
The
scaffolding must be properly secured to prevent swaying away from the building
and the structure
Under the scaffolding law, strict liability applies. That
means you don’t have to show that the owner or contractor was careless to get
compensation. If our lawyers can get the evidence to show a violation of
Section 240, you have the right to pursue compensation.
SECTION 200: DUTY TO
PROVIDE SAFE WORKING CONDITIONS
Section
200 of the NYC Labor Code provides
a general duty for contractors and owners. These parties are legally obligated
to provide reasonable and proper protection to workers on the site. This
includes making sure equipment and machinery are generally safe for use.
Contractors and owners have a general duty to fix dangerous conditions and to
warn of any dangerous conditions that have yet to be fixed.
CONSTRUCTION ACCIDENTS
OFTEN CAUSE SERIOUS INJURIES
New York construction workers are accustomed to scrapes and
bruises. However, many construction accidents cause injuries that are much more
serious. Workers who are hurt in construction accidents often suffer:
·
Crush
injuries
·
Spinal
cord damage
·
Brain
injuries
·
Amputations
·
Paralysis
·
Broken
bones
·
Burns
·
Head
and neck injuries
·
Wrongful
death
Some of these injuries can
permanently impact your life. Even if you are able to go back to work, you
might be in pain. You might find that you can’t participate in the activities
you enjoyed before the accident.
At Rosenbaum & Rosenbaum, P.C.,
our injury attorneys want to make sure you are fairly compensated for your work
injuries. We are here to explain your legal rights and help you through the
entire legal process, including negotiating with the insurance company.
GETTING FAIR
COMPENSATION FOR CONSTRUCTION ACCIDENT INJURIES
Most construction accident victims hurt on the job are
eligible for workers’ compensation benefits. Workers’ compensation benefits
provide:
·
Reimbursement
for all medical expenses
·
Part
of your lost wages
·
Permanent
disability
·
Death
benefits
Self-employed people, however, are not eligible for workers’
comp. Workers’ compensation also does not provide compensation for everything
you might need.
In a personal injury lawsuit, additional forms of
compensation become available. The following types of damages may be available
to provide compensation for your injuries:
·
All
current and future medical bills
·
Any
costs related to treating your injury, including in-home care, medical devices
and physical therapy
·
The
full amount of your lost wages
·
Loss
of your future earning capacity
·
Loss
of enjoyment of life
·
Pain
and suffering
·
Emotional
trauma
·
Compensation
for disfigurement and scarring
·
And
more
Importantly, pursuing action via the personal injury process
is a way to hold the responsible party accountable for their negligence. Unlike
in the workers’ compensation context, however, it is necessary to prove that
someone’s carelessness caused your construction accident.
HOW DOES THE
THIRD-PARTY CLAIMS PROCESS IN CONSTRUCTION ACCIDENT CASES WORK?
You usually lose the right to sue your employer for
compensation if you are hurt in an accident. Workers’ compensation steps in to
provide benefits. Third parties who are not your employer remain liable for
damages in a personal injury case. Potentially responsible parties include:
·
Property
owners
·
Contractors
·
Subcontractors
·
Engineers
·
Architects
·
The
manufacturer of defective
product, such as tools, equipment or
machinery
Holding these parties accountable requires a showing of
negligence. The experience of your lawyer is key to building a strong case.
With over 40 years’ experience, Rosenbaum & Rosenbaum, P.C. is ready to go
to work for you.
CAN YOU RECOVER
COMPENSATION IF YOU WERE PARTLY AT FAULT FOR YOUR CONSTRUCTION ACCIDENT?
Comparative fault—or shared responsibility—can impact your
ability to recover financial compensation in a personal injury lawsuit.
Workers’ compensation, on the other hand, is a no-fault system. That means you
can recover workers’ compensation benefits after a construction accident even
if you were totally to blame.
The only limited circumstances where fault might jeopardize
your workers’ compensation benefits arise if:
·
You
were using drugs or alcohol
·
You
intentionally caused the accident
In a lawsuit, multiple parties might be held responsible.
The responsible party might even try to shift the blame to you. Even if you
were partly to blame, you don’t lose your right to compensation entirely. NYC law only reduces your available compensation if you were
partly to blame.
HIRE AN EXPERIENCED
NEW YORK CITY CONSTRUCTION ACCIDENT LAWYER
If you were hurt on a job site,
don’t wait to talk to a lawyer. Rosenbaum & Rosenbaum, P.C., our
experienced NYC construction accident lawyers are ready to listen. We have
already helped hundreds of clients win millions in verdicts and settlements
across NYC, including Staten Island and Long Island.
Our lawyers want to make the process
as simple as possible for you. We offer a free case review and work on a
contingency basis—so you only pay our attorneys’ fees if we win compensation
for you. Contact
our Wall Street office today
to learn more about how our law firm can help.
HIGHLY RATED EMERGENCY
ROOMS IN NEW YORK, NY
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16th Street between First and Second Avenues
New York, NY 10003 - NYC Health + Hospitals
462 First Avenue
New York, NY 10016 - Lenox Hill Hospital
100 E 77th Street
New York, New York 10075 - Roland O. Perelman Center for Emergency Services
570 First Avenue
New York, New York 10016 - New York-Presbyterian
630 West 168th Street
New York, New York
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